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Vol 23 No 6 June/July 2018

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Drafting Commercial Agreements

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Data protection handbook

The Intergovernmental Pillars of the European Union

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ISBN13: 9780198299356
ISBN: 0198299354
Published: October 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00

Despatched in 5 to 7 days.

The Three-Pillars System of the European Union was intended to give flexibility to, and ultimately to extend, the area over which the EU could exert its influence. The Second and Third Pillars reflect a different level of integration and centralization, with the result that the Union can have input into the more politically sensitive and legally complex areas.

The most well-documented pillar is the European Communities Pillar, where Community legislation takes place, and Community methods, rather than intergovernmental methods, prevail. However, it is argued that the two intergovernmental pillars - the common Foreign and Security Policy, and Cooperation in Justice and Home Affairs - make an important contribution to the increasing legal sophistication of the Unions constitution. The former has enabled the European Union to assert its own identity;without compromising the sovereignty of the Member States, whilst the latter can be seen as a half-way house for subjects too sensitive for immediate integration into the Community Legal Order.

This analytical examination of the combination of public international law methods and Community methods at work in Europe is essential reading for all those with an interest in the future development of the European Union.

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INTRODUCTION: THE PILLARS OF THE TEMPLE; 1 Two Legal Orders: Distinguishing Features of the Intergovernmental Pillars; 2 Evolution of European Political Cooperation and Formation of the Second Pillar; 3 Evolution of Cooperation in Justice and Home Affairs and Formation of the Third Pillar; 4 CFSP Achievements and Weaknesses; 5 The Second Pillar under the Treaty of Amsterdam; 6 Achievements and Weaknesses of Justice and Home Affairs Cooperation; 7 The Residual Third Pillar under the Treaty of Amsterdam; 8 Cross-Pillar Action: The Struggle for Consistency; 9 Judicial Control of the Pillars; 10 Parliamentary Control of the Pillars; 11 Security and Defence Policy